How does the examiner handle amendments submitted after final rejection in reexamination?
When handling amendments submitted after final rejection in reexamination, the examiner follows specific guidelines:
The first proposed amendment after final action in a reexamination proceeding will be given sufficient consideration to determine whether it places all the claims in condition where they are patentable and/or whether the issues on appeal are reduced or simplified.
If the amendment is not entered in its entirety, the examiner will briefly explain the reasons. For subsequent amendments, the examiner will consider them only to the extent that they remove issues for appeal or put a claim in obvious patentable condition.
The examiner may also consider entering amendments touching the merits after final rejection or appeal if there’s a showing of why they’re necessary and why they weren’t presented earlier.
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